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WDNY — Wage Records: Chamberlain v. Commissioner of Social Security
Daily Record Staff//November 6, 2012//
Wage Records
Presumption of Correctness
Chamberlain v. Commissioner of Social Security
11-cv-6166L
Judge Larimer
Background: The pro se plaintiff appealed from a denial of her request that her Social Security Administration earnings record be amended to reflect wages she claimed were not credited to her during a six year period. The commissioner moved for judgment on the pleadings.
Ruling: The District Court granted the motion and dismissed the plaintiff’s complaint with prejudice. A claimant may challenge wage records within three years, three months, and 15 days after the year of the disputed earnings. After this time period, a presumption of correctness arises and the plaintiff failed to overcome that presumption when her tax records and ledger were open to multiple interpretations of her and her husband’s income.
Carmella A. Chamberlain, pro se; Kathryn L. Smith, U.S. Attorney’s Office, for the defendant
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